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Bombay High Court

ANITA JAYRAM KANOJIAversusTHE STATE OF MAHARASHTRA

Decided
Disposal
DISPOSED OFF

Holding

The petition is disposed with directions to allow the petitioner to withdraw the deposited rent from the SRA within four weeks and to receive a cheque of Rs.13,64,000 for arrears up to November 2026.

Summary

The petitioner, Anita Jayram Kanojia, filed a writ petition seeking enforcement of a Premises Allocation Agreement (PAAA) for commercial premises and the release of rent deposited with the Slum Rehabilitation Authority (SRA). The respondents, including the State of Maharashtra, the BMC, the SRA and a private developer, contended that the PAAA would be executed within two weeks on the same terms as other occupants and that the admitted rent had already been deposited with the SRA. The Court held that the petitioner may apply to the SRA for withdrawal of the deposited rent, which must be paid within four weeks of such application. For arrears of rent up to November 2026, the Court directed that a cheque of Rs.13,64,000 be handed over to the petitioner, without prejudice to any further claim for additional arrears before the Committee formed by the Court. Accordingly, the writ petition was disposed.

Issues considered

  • Whether the Premises Allocation Agreement for the commercial premises must be executed within the stipulated period.
  • Whether the rent deposited with the Slum Rehabilitation Authority can be withdrawn by the petitioner.
  • How the arrears of rent up to November 2026 should be paid to the petitioner.

Subjects

  • Premises Allocation Agreement
  • Rent deposit
  • Slum Rehabilitation Authority
  • Arrears of rent
  • Civil writ petition
  • Execution of agreement

Judgment

                                                           8-WP-889-2025.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 ORDINARY ORIGINAL CIVIL JURISDICTION

               WRIT PETITION NO. 889 OF 2025
Anita Jayram Kanojia                         .....Petitioner
             Versus
The State of Maharashtra and Ors.                      .....Respondents

                                  .....
Mr. Ditendra Mishra, for the Petitioner.

Mr. Manish Upadhye, A.G.P., for the Respondent-State.

Ms. Jyoti Mhatre i/b Ms. Komal Punjabi, for the Respondent-BMC.

Mr. Prakhar Tandon (through V.C.) a/w Ms. Yashi Bhatt i/b Ms.
Ravleen Sabharwal, for the Respondent-SRA.

Mr. Noorain Patel a/w Mr. Vinay Doshi i/b Diamondwala & Co., for
the Respondent No.5.
                               ..…

                                   CORAM : M. S. KARNIK &
                                           SANDESH D. PATIL, JJ.
                                   DATE   : 2nd SEPTEMBER 2026
P.C.:-

1.        Heard learned Counsel for the Petitioner.


2.        Learned Counsel for the Respondent No.5 submits that the

‘PAAA’ in respect of commercial premises will be executed by the

Developer with the Petitioner within the period of two weeks from

today on the same terms as in respect of other occupants to the


Manisha                                                                1/3
             Digitally signed by
MANISHA      MANISHA
             BALKRISHNA
BALKRISHNA   TALEKAR
TALEKAR      Date: 2026.09.07
             19:33:16 +0530
                                                           8-WP-889-2025.doc


extent of the Petitioner’s entitlement. The ‘PAAA’ in respect of

residential premises is already executed.


3.        The statement made on instructions is recorded as an

undertaking.


4.        Learned Counsel for the Respondent-Developer submitted that

the admitted rent has already been deposited with the Slum

Rehabilitation Authority (SRA).


5.        So far as the rent deposited is concerned, it is open for the

Petitioner to make an application to the SRA for withdrawal of the

admitted rent. The rent due and payable to the Petitioner to the

extent of its admitted entitlement shall be paid by the SRA to the

Petitioner within a period of four weeks from the date of the

application.


6.        So far as the arrears of rent upto November, 2026 is concerned

i.e. the subsequent period to deposit of the rent before the SRA, the

cheque amount of Rs.13,64,000/- be handed over to the Petitioner.

This is without prejudice to the rights and contentions of the

Petitioner to claim the difference of the arrears of rent. It is open for


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                                                           8-WP-889-2025.doc


the Petitioner to agitate his grievance regarding the balance amount

of rent before the Committee which has been formed pursuant to the

orders passed by this Court. If such an application is made for

determination of arrears of rent and payment thereafter, the same

shall be considered by the Committee expeditiously.


7.        In view of above, Writ Petition No.889 of 2025 stands disposed

of.




(SANDESH D. PATIL, J.)                             (M. S. KARNIK, J.)




Manisha                                                                3/3


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